All language subtitles for Law.and.Order.S07E23.Terminal.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

In the criminal
justice system,

the people are represented
by two separate
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

Is he back there?

Nobody's
back there, Susan.

We're the dregs
of the party.

I thought you two
were hitting it off.

Yeah. And the boat docked
and he sprinted
for the door.

Oh.
I don't think they
call it a door, Sally.

He'll probably call.

Well, if he doesn't,
I'll call him.

Oh. That's against
the rules.

So is sitting
home eating Haagen...

He just
started shooting.

I saw him
behind that column.
I didn't see his face.

I think he was
wearing a trench coat.

Did he say anything?I don't know.

I didn't hear a thing.
The woman in
front of me was shot.

And that man is dead.
He was standing
right next to me.

A group over here
took most of the fire.

We've got three
people injured,

and this one
dead at the scene.

There's a few
shell casings
scattered down the pier,

and five in
a bunch over here.

Looks like 9mm auto.

So if the gun
throws right,

the shooter had
to be standing
about right here.

It was a cocktail cruise.

United Jewish Charities.
We're the young
leadership committee.

That just means
we're willing to ask
our friends to donate.

Was there any trouble
during the boat ride?

You think it was
one of us?

Well, right now, sir,
I don't know
what to think.

Detectives!
We got another fatality.

We found a woman
in the water. Drowned.

She was caught
on a piling.
We got her purse.

She must've
fell off the pier
during the shooting.

Lorna Kaminsky, 27.
NYU grad student.

We've got
something else.

The shooter must've had
some time on his hands

while he was waiting
for the boat to come in.

Good thing
he wasn't a better shot.

It was crazy.
We were walking
past the garage.

There must have
been 20 of us.

When the shooting started,
we looked back.

The man with the gun
started running
right at us.

He was still shooting.

Were you near
Miss Kaminsky?

I was talking to her.

We were gonna go
out for a drink.

I thought we'd
just been separated
in all the confusion.

Did you see the man
who was doing the shooting?

It was dark.

We were all running.

What?

I bumped into
somebody and fell.

That's how
I broke my ankle.

God, I hope I didn't
push her off the pier.

They say
I was pretty lucky.

The bullet missed
everything important.

Well, if you were
really lucky,

it would have
missed everything.

The man next to me,
he looked pretty bad.

He's dead.

And another woman
fell in the river
and drowned.

Wow. Some cruise.

It was an
anti-Jewish thing?

We're not sure
what it was yet,
Miss Beckner.

Nobody's claimed credit.

If I hadn't broken up
with my boyfriend,

I would've been at
his country house
in Westchester.

Oh, God!
The things we do
to meet men!

I thought this was
a fundraising group?

It is.

But they make it
a singles fundraising group.

Raise money for Israel,
maybe meet a Jewish doctor.

This isn't the way
I wanted to meet the doctor.

Miss Jacobs,
did you see the man
who shot you?

No.

Did you see
anything unusual,
as the boat pulled in?

Only that the guy
I was talking to

suddenly took off
before the shooting.

He said he had
a limo waiting for him.

Mr. Weston had
to catch a plane.

I got him to
JFK in 35 minutes.

Why the rush?

The boat was
supposed to dock
at 9:30,

but it didn't
get in till 10:00.

So where's
Mr. Weston now?

Los Angeles.

Come on,
we were out of there

before the shooting
started.

So you were waiting
around the pier

while the boat was
being late, right?

Yeah, from 9:00 p.m.

I'm always half
an hour early.

Well, did you see anybody
hanging around there
wearing a trench coat?

I was reading
the Daily News
in the car.

I only saw a bunch
of cabbies waiting,
like me.

There weren't
any cabbies when
we got there.

You think they
want to sit around and
talk to cops all night?

A bunch of foreigners?

What kind of foreigners?

I don't know.
Turks, Arabs,

when was
the last time you saw
a white taxi driver?

Did you notice
the names of any of
their cab companies?

Yeah.
There were a couple
from Sunshine.

We got Hamas.
We got Islamic Jihad,
we got Gamaat Islamiya.

That's Sheik Omar
Abdel-Rahman's club.

The guys who blew up
the World Trade Center?

Actually, that's still
a little vague.

You do keep track
of these people?Of course.

We're the great Satan.
It's our job.

To the extent
our satanic courts

will actually give us
warrants for the taps
we need.

So who's been striking blows
against Zionism lately?

Several dead guys
in Tel Aviv.

It's got to be something
being a cop over there.

And on the Hudson?
Any blows against
Zionist cocktail cruises?

Nothing's popped
on the wires.

No unusual channels opened
or cash flowing.

Did you run the roster
from Sunshine Cabs?

Yeah.

One hit from
our watch list.
Nidal Salam.

Veteran of the Holy War
against the Russians
in Afghanistan.

If you ask him nice,
he'll show you his wounds.

Do you know
Agent Mulcahy
from the FBI?

He used to follow me
and take my picture.

Well, we'd love to see
what he took of you
Sunday night.

It would not be
very interesting.
I was home, sick.

Did anybody
see you there?

My wife,
my two daughters,
my three sons.

Listen, if I wanted
to kill Jews,

I would just run
a red light in my taxi.

This is New York City.

Well, yeah,
but then you might
lose your hack license.

Look, I wasn't at
the pier that night.

I didn't have
a car that night.

And I wouldn't
go there anyway.

Why not?
Are you allergic
to water?

To Egyptians.

The Egyptian drivers
meet there.

In their heads,
they are the princes
of Arabia.

I am from Yemen.
To them I am a donkey.

It's a terrible thing.
Sadat made peace.

Sadat was a dog.

He was against killing.
I am against killing.

Everybody is
against killing.

The question is how
to bring it to a stop.

Hey, is this what
you were talking about

last Sunday
night at the pier?

No. About music.

Right. The Top 40.

I think we'd better
question you guys
individually.

I don't have time.
I have to get back
to work.

We were with each other.
We heard the shots. We left.

Before the boat got in,
who else was
around besides you?

Some other taxicabs.
Various people.

Anybody in
a trench coat?

Yes. I saw him.

I noticed because
he was acting strangely.

Mahmud!

Everybody else
was coming or going.
He was just standing.

Where?

Where the cars
were parked.

Latent's been over
the shell casings
from the scene.

They've got
some partials.

Not enough to run
through the system.

We may have
something else here,
Lieut.

One of
the cab drivers saw a man

waiting in
a trench coat here,

in the garage,
before the boat came in.

Now, he was waiting there
when the big group walked by.

That's the group
with the woman who
fell in the river.

Then he shot at
the smaller group

and ran away
through the big group.

It's a funny way
to hunt Zionists.

Unless he had
a specific target.

Yeah.
Then he sends us on
a wild goose chase

through the whole
Arab League.

Six people in
the second group.
Who's the target?

Well, the dead guy's
a good place to start.
What do we know about him?

Well, the business
cards in his wallet

give his name
as Larry Rice.

But no one's
claimed the body.

A guy like this,
there's usually

a mortuary wagon
waiting outside

as soon as
the autopsy's over.

You have his business card.
What's the problem?

Occupation.
"Entrepreneur."

What the hell is that?

The address is
on 2nd Avenue,
but there's nobody home.

Well, he got shot
after a singles cruise.
Maybe he was a lonely guy.

What, no credit cards?
No driver's license?

Sometimes
they get stolen.

Yeah, but he
wasn't mugged.

Todd Wexman, CPA.

McAllister and Grossman.
His accountant?

I'm sorry,
but Mr. Wexman isn't in.

We just need
some information

about somebody who
might be a client.

Larry Rice.

Rice?
I don't think so.

No. There's no Rice.

Well, we think
Mr. Wexman might
know him.

You know where
we can reach him?

No. And it's not
like Mr. Wexman.

What isn't?

He hasn't been in
for two days.

And he hasn't checked in.

I'd call his wife,
they live in Connecticut,

but he said she was
taking the children
to visit her mother,

and I don't know
where that is.

Ms. Conroy, do you
happen to have a picture
of Mr. Wexman?

Yes. In here.

That's Mr. Wexman
with Mrs. Wexman.

Alexandra and David
and the baby.

Ms. Conroy,
I'm afraid your boss
is in our morgue.

Mrs. Wexman,
I'm very sorry.

I can't stay here long.

I want to be
with my children.

Of course.
I just have to ask,

does the name Larry Rice
mean anything to you?

Why? Was he involved
with killing Todd?

No. It seems that
your husband sometimes
used that name.

No, he didn't.

He carried ID
in that name.

He rented an apartment
in that name.

He booked himself
on the dinner cruise
in that name.

That can't be.

Did he spend
many nights away
from home?

I told the detectives,
he traveled on business.

His employer says
he traveled very rarely.

What are you saying?

That Todd led some
kind of secret life?

We were married
13 years.

I know my husband.

Good champagne,
but it's dusty.

This caviar has mold.

Mr. Rice didn't
have much company.

No ladies, huh?

Hey,
the guy wasn't too swift,
if you know what I mean.

Co-eds at the Beach.
Well, at least
he had a sex life.

What?
He had to sneak away from
his wife to watch a porno?

Rey, this is a guy
who could have chosen
any name in the world,

and he picked
Larry Rice.

And he managed
to make it
to a singles cruise.

Yeah. But did he make it
on the singles cruise?

Mr. Rice had been to
several of our events.

This whole thing
is so scary.

We've canceled
all public meetings

until we know
who did this.

What can you tell us
about Mr. Rice's
socializing?

Oh, he was very shy.

On the cruise
he spent most of his
time talking to me.

Did you ever hear
the name Todd Wexman?

I don't think so. Why?

It's not important.

What can you tell us
about the people
who were shot?

Susan Beckner is
a travel agent.

She recently
went out on her own.

Did she have
a business problem?

No. She was
a generous contributor,

and she raised
a lot of money
from other people.

She even brought
half a dozen checks
on the cruise.

And one of them bounced.

From an Old
Europe International.

I've been meaning
to tell her.

What about
the other woman?

Sally Jacobs does
something in retailing.

Did either of them
have a problem?

Business or personal,
anything you knew about?

Not so someone
would shoot them.

These are all nice people.

Your witnesses say
the shooter fired
five or six times

at the group
next to the boat.

We found two slugs
in the boat.

And any number
could be in the river.

Right.
But we also found one
in Sally Jacobs

and one in Larry Rice
or Todd Wexman
or whatever his name was.

What about Susan Beckner?

That bullet was
a through-and-through.

And look at this.
Her dress.

Black rim around
the edge of
the bullet hole.

Bullet wipe.Right.

From soot deposited
on the surface
of the bullet,

as it moved down
the barrel of the gun,

which in this case
wasn't very clean.

The dead man's shirt.

Look at the bullet hole.

No black rim.

The bullet went
through Susan Beckner
into him.

So if the shooter
was actually aiming,

Wexman wasn't the target.
She was.

Who'd want to kill me?

I sell airline tickets.
I go to the movies.

I don't know
any street gangs.

You owe anybody money?

No.

We have to ask.
Do you gamble, use drugs?

I drink too much coffee,

and I went to
Atlantic City once
and I didn't like it.

You said,
at the hospital,

that you'd recently
broken up with somebody.

Yes, but he's not violent.

I think he's already
seeing someone else.

Let's work it
the other way.

How many people knew
you were going
on that boat ride?

I told my mother,
maybe a couple
of friends.

And I mentioned
it to a client
I saw that afternoon.

On a Sunday?

He needed some
airline tickets
in a hurry

for a tour group that
was stranded in Sofia.

Bulgaria?

We're going to need
a list of those names.

My mother?

So who takes vacations
in Bulgaria?

Bulgarians,
for a start.

But these Bulgarians
were in a rush to get
back to New York?

Well, the trip was over,
and I was committed
to bringing them back,

but the charter plane
had mechanical problems.

That gave
the charter airlines
financial problems...

So you ran over to
see Susan Beckner?

Well, I'm not licensed
to issue plane tickets.
She is.

She sold me 40 tickets.
Made a lot of money.

I got my group home,
went over to my girlfriend's
to celebrate.

You think I shot
Susan Beckner because
everybody was too happy?

You're Escapade Holidays?

That's me. We can do
charter rates for
as few as 10 people

if you have a group.

And you use
a different company name

for your trips
to Eastern Europe?

Old Europe International.

Old Europe?
You made a contribution
to United Jewish charities.

Fifty bucks.

Susan asked me to,
and I was trying to
make a good impression.

I just talked
to Susan Beckner.

The check Coburn gave her
for the airline tickets
was good.

Thirty-two
thousand dollars.

But his $50 check to
her charity bounced?

Yeah. The charity
deposited their check
on Monday,

the morning
after the cruise.

Now, she didn't
deposit Coburn's check
till three days later,

because she was
in the hospital.

And I talked to
Coburn's bank.

He had less than $50
in his account on Monday.

Two days later,
he got a big
wire transfer

from a travel agent
up in Canada.

So if Susan Beckner
hadn't been shot,

she would have
deposited her check
right away on Monday

and it would have
bounced.

And she would have
canceled his tickets

and he would've
wound up with
40 angry people

stranded in the Balkans.

Uh-huh. That can't be
too good for business.

I think it's time
you checked his alibi.

Hank was here
Sunday night.

We stayed in.All night?

Yes. We were relaxing.

My boyfriend's
not a murderer.

Curtis.

Right.

We're just concerned
that a man under
financial pressure...

What financial pressure?

Coburn was
having a little
cash flow problem,

which could have
caused him
a business problem.

Hank is very successful.

Maybe that's
what he tells you.

I'm not stupid.
And I don't date
poor men.

Miss Trang, I've just been
informed that you're
the registered owner

of a Glock
semi-automatic pistol.

Yes. It's registered.

You mind showing it
to us, please?

I don't have it right now.

Where is it?

Why did you
bring me here?
I didn't do anything.

Maybe not, Miss Trang,
but we really would
like to find your gun.

I told you.
It was stolen.

We don't believe you.

I don't care
what you believe.

This came for you,
and more bad news
for you, Miss Trang.

The fingerprints
on your gun
license application

match some partial prints
on shell casings
at the murder scene.

I didn't have anything
to do with that!

What about
your boyfriend?

Did he borrow your gun
on Sunday night?

No.

If you gave it to him
knowing what he was
going to do with it,

you're guilty of murder.

I'm not guilty
of anything!

Why are you protecting
such a poor man?

He's not poor.
He's very important
in the travel industry.

Right. He sends people
to exotic hospitals.

You want to see
his bank statement?

As of Monday morning,
he had $47 in his
checking account.

Let me see that.

And another 60 bucks
in his savings.

That's not possible!
He owns a townhouse!

We pulled his
credit reports.

He rents the townhouse
and the furniture
and his car.

The only thing
he probably owns

are the checks
he's been kiting.

That son-of-a-bitch.

What does he think
I am?Miss Trang.

I could have
better men than him
in a minute!

Miss Trang!
Sunday night?

He borrowed my gun.

He told me
to lie to you.

Where is he now?

I don't know.
He carries a phone.
Give me yours.

Hank. Honey,
can I see you tonight?

I'm wearing the red silk.

Carolyne, I've got
something good for you!

Hey, Hank Coburn,
you're under arrest
for murder.

I would have worn
my red silk,
but it's in the wash.

You have the right
to remain silent.

Anything you say
can and will be used

against you in
a court of law.

Come on in.

This is Victor Panatti,
with the State Attorney
General's office.

Good morning.Jamie Ross.

Jack McCoy.Hello.

Mr. Panatti wants to know
how the Coburn case
is coming along?

One of the cabbies
picked Coburn
out of a line-up.

We can tie him to
the murder weapon.

You charged him with
second-degree murder.

Is that what
you plan to present
to the grand jury?

Yeah.

But you could've
found that out
with a phone call.

The governor would
like to see Coburn

tried and convicted
of first-degree murder.

He wants
the death penalty?

Two innocent people
were slaughtered
over airline tickets.

It seems appropriate.

I'm not sure
the facts support it.

Your investigation
just started.

I'm sure you'll find
some facts that do.

We'll look into it.
Thank you for
stopping by.

Thank you, Mr. Schiff.

Mr. McCoy, Miss Ross.

I think Coburn deserves
the death penalty, too,

but I don't know
if we can give them
what they want.

They want to look tough.

Yes? Put them through.

This is Adam Schiff.

Say that again. Yes.

Yes, I know where it is.

Tell the driver
I'm coming down.

See what you can
come up with
for the governor.

It's a multiple killing.
That puts it in the running
for murder one.

The statute's
very specific.

Both deaths have
to be intentional.

He meant to
kill Susan Beckner

with the bullet
that killed Wexman.

Law 101,
intent follows
the bullet.

That's one. The other,
the drowning,
is not so obvious.

Coburn was firing
into a crowd.

If Miss Kaminsky
was killed by a bullet
or by dodging one,

we can argue Coburn
has the same liability.

Yeah.
And Coburn will argue
that he doesn't.

Talk to the witnesses.

Find out exactly
how she ended up
in the water.

I told the police.
We heard shots.

We saw this maniac
running toward us,
firing a gun.

We tried to
get out of his way.

How close to you
was Miss Kaminsky?

Just about
where you are.

Between me and
the edge of the pier.

Was there anybody
else near her?No.

No, I was the closest.

You told the police
you bumped
into somebody.

Is it possible
it was her?

I've thought about that.
Things were pretty chaotic.

But no,
I'm sure it wasn't her.

Did the gunman
point his weapon
toward you?

He wasn't shooting
right at us.

It was more like
he was shooting
in the air.

Ballistics said
their findings
are consistent

with Coburn firing
in the air.

Which means
he didn't intend
to kill them.

He just wanted them
to get out of the way.

He caused the panic
which led to
Kaminsky's death.

Hmm. At most it's
depraved indifference.

Murder two. Nice try.

How about this?

It's murder one
if a person is killed in
the course of a robbery.

Mmm-hmm.

He paid for the tickets
with a bad check.

That's larceny.

And then he shot
Susan Beckner

to prevent her from
depositing the check,

which makes it robbery.
Promising.

We still have
to show intent.

If he meant to
cover the check
when he gave it to Beckner,

there's no larceny
and no robbery.

He saw his girlfriend
that afternoon.
See what he told her.

Should we bring Adam
up to speed on this?

No.

He's at Cedar's Hospital
with his wife.

She had a stroke.

That's all I know.

Hank took me
to Saint Kitts
in the summer,

Bali during
the monsoons,

London in February.
Always in the off season.

That should've
told me something.

It didn't cost him
a dime.

It was all comped
by the local
tourist bureaus.

Sounds like
a rough time.

It was a waste of time.

My parents were
so happy for me.

They thought
he had money.

Apparently so did
Susan Beckner.

You knew he was
buying tickets
from her?

Yes.

He did that instead
of taking me to Barneys
for a pair of shoes.

I'm sorry.

He told you
he was paying her
with a bad check?

Oh, yeah. He wanted me
to know all about his
credit problems.

Look,
I already went over this
with those detectives.

I didn't know
what Hank was up to.

So he just told
you to wait here

while he went to
Susan Beckner's?

No. I went to Barneys
by myself.

He called me
on my cell phone
and told me to meet him.

Where was he
calling from?

He didn't say.

We checked
the incoming calls

on his girlfriend's
cell phone.

Coburn called her
from your office.

Ooh, does that make
my phone an accessory
to murder?

Why was he here?

I booked a charter
with him

and he asked me
for an advance
on the payment.

How much?

A little over 40,000.
He said he needed
the check that day.

He even offered to
discount the fares
if I paid him now.

Did you?

Absolutely not.

The tour's not for
another five months.

He gets his money
60 days in advance.
Not a minute sooner.

He knew that?

Of course. That's how
we always do business.

No reason to change now.

How is she doing?

She still hasn't
regained consciousness.

What do the doctors say?

What they always say.
Wait and see.

What'd you come up with?

We can make
first-degree murder
work, Adam.

An intentional death
during the commission
of a robbery.

What robbery?

The airline tickets.

He used force
to keep Beckner from
depositing the check.

Six hours after
he took the tickets.

I wouldn't call that
a continuous act.

According to
People v. Dekle,

it's for a jury
to decide if it is.

Dekle pulled a knife
on a security guard

after he stole
a television.

Hardly the same thing.

The robbery statute
specifies

the use of force
to compel the owner
of the stolen property to...

To engage in
the conduct

which aids
in the commission
of the larceny.

Which means pointing
a gun into the face
of a bank manager,

forcing him to
open up the safe.

Besides, didn't Coburn
cover that check?

Four days later.

He made no credible attempt
to cover the check
until after the shooting.

What attempt did he make?

He hit up
a travel agent

for an advance
on some bookings.

The agent said
Coburn had no
reasonable expectation

of getting
any money from him.

Forget it.
You have a solid case
for murder two.

Go get your indictment.

Adam, we have
a pretty good case
for murder one.

I agree.

Before Panatti dropped by,

you were happy
to send Coburn away
for 25-to-life.

That's what
we're gonna do.

Connect me, please,
to Cedar's Hospital.
Thank you.

The governor was
sorry to hear
about your wife.

Tell the governor
I appreciate his sending

the Attorney General
to express his concern.

Now what's really
on your mind?

This Coburn case.

Seems you didn't get
the governor's message.

Your people are
going for murder two.

That's what
the crime warrants.

My people think it
fits the requirements
of the death penalty statute.

If you turn the penal law
into a bag of pretzels.

The governor and I agree
you should put the matter
before a jury.

Let them decide, Adam.

It's my decision to make.

You have a duty
to apply the law.

If the governor
wanted this statute
to cover this crime,

he should've
thought of it
when he wrote it.

Coburn fired into a crowd.
He killed innocent people.

It's a heinous act
aimed at the heart
of the city.

If I was convinced
it was murder one,
that's how I'd prosecute.

Don't dig your
heels in, Adam.

I'm flying back to Albany
tomorrow afternoon.

I'll expect to
hear from you by then.

I don't like ultimatums.

The answer's no.

I won't give
the grand jury
murder one.

That's unacceptable.

I'm doing criminal justice.
I'm not doing politics.

Good night.

In view of
District Attorney Schiff's
reluctance to apply the law,

the governor has
invoked his authority
under executive law 63,

and removed him
as the prosecutor

in the case
against Henry Coburn.

Furthermore,
the governor
has instructed me

to appoint
a special prosecutor
to take over the case.

I've designated
Deputy Attorney
General Panatti

to lead
the prosecution team.

Mr. Panatti will seek
an indictment against
Mr. Coburn

for murder
in the first degree.

I'll now take
your questions.

One more.

Unbelievable.

Can he do that?

Did it to Johnson
up in the Bronx.

Johnson implied
he'd never seek
the death penalty

under any
circumstances.

This is different.

What will you do?

About what?

Yes?

Yes, I saw the replay
on the news.

I understand.

Yes, 9:00 a.m. is fine.
See you then.

That was Panatti.
He wants me to help
him prosecute Coburn.

No one knows this
case better than you.

And frankly
it's been a while

since I've been
in the courtroom.

What would my role be?

Lead attorney.

We both want
the same result
for Henry Coburn.

How we get there is
entirely up to you.

I want to discuss it
with Adam Schiff first.

I understand.

Look, I'm as
big a fan of his
as the next guy.

When it comes to
the death penalty,
he's old school.

He's signed off on
three capital cases

since the statute
was passed.

If he wasn't preoccupied
with his other situation,

he'd probably sign off
on this one as well.

I hope I can tell
the Attorney General
you're on board.

What's Panatti
got you reading?

This is for my
own edification.
Robbery, A to Z.

Murder one is tenable, Adam.

Who're you trying
to convince?

You do what
you have to do.

You're still welcome
to my Scotch.

Thanks.

There's a rumor
you wrote a letter
of resignation.

I did. The premise being
I'm getting too old
for this nonsense.

Had a nice line
in there about

making the justice system
a political pinata.

Had?

I tore it up.

Some things are
out of your hands.

I've got to sit there
and take it. Not this.

What are you gonna do?

I'm gonna take
the governor to court.

He's suing to be
reinstated as prosecutor
on the case.

Lots of luck.

From what I've read,
the governor's order
isn't subject to review.

He can remove any D.A.,
whenever and wherever.

I guess we'll find out
if that's true.

What about you?

What are you going
to tell Panatti?

There are
a hundred good reasons
to take this case.

And one better
one not to.

You want to charge up
Hamburger Hill with Adam?

It wouldn't
feel right playing
for the other team.

I thought the other team
was Henry Coburn.

This only helps him, Jack.

I've got to go.

You know what
this means, Jamie?

Panatti will be
calling you next.

He already did.

I'm starting to work
with him tomorrow.

The autopsies on
Wexman and Kaminsky.

The meds on
Beckner and Jacobs.

Ballistics report.
Bank records.

Okay. You convinced me.

You're ready for trial.
Now can we talk
about something else?

Anything you want,
Mr. Axtell.

Well, let's start
with a plea bargain.

Your client's idea?No.

But if you put
something fair
on the table,

I can bring him around.

What do you think is fair?

Well, just between
you and me
and this desk,

we all know this
charge of murder one

is a lot of
huffing and puffing.

We don't happen
to agree with that.

Fine.

Say you convict my guy
on murder one.

The governor's
already written
my appeal for me.

Removing Adam Schiff
raises all kinds

of due process challenges
to a conviction.

So what do you propose?

Coburn pleads to two counts
of second-degree murder.

He serves 15-to-life.

For two dead
and three wounded?

You don't like it,
make me an offer.

We're making no offers,
Mr. Axtell.

This case will be
decided by a jury.

Okay. Pleasure not
doing business with you.

They're gonna
beat us over the head
with Mulroy v. Carey.

That's what
worked for them against
Johnson in the Bronx.

Mulroy only gives
the governor

virtually
unfettered discretion
to take over a case.

You're going to
hang your hat
on "virtually"?

They could've
said "absolutely."

Take a look at
Klosterman v. Cuomo.

Right.

It upholds the power
of the court to overturn
the governor's order.

The courts have
the big stick.

We just have to
convince them
to swing it.

You have
Gaynor v. Rockefeller
in that pile?

We'll give the governor
a little history lesson.

I'm hungry.

Chinese or Italian?

Surprise me.

I'm ordering take-out.

I brought a salad.

How's Mrs. Schiff?

Still on life support.

Opening arguments
in the morning?

Bright and early.

Adam and I'll be
across the street
in civil term.

Good luck.

Same to you.

I told him
I'd be cashing the check

first thing
Monday morning.

He said, "No problem."

Then he asked
what I was doing
Sunday night.

I told him about
the dinner cruise.

What were you
prepared to do
if his check bounced?

I would've called
the airline to
cancel the tickets.

Then I would've
notified the Travel
Agents' Association.

And how would that
affect his ability
to conduct business?

It's pretty serious.

He wouldn't have
been able to buy tickets
on credit anymore.

He'd have to pay in cash.

Thank you.

Miss Beckner, when
my client bought tickets
from you in the past,

he made sure you were
paid in full and on time?

Yes.So when he gave
you that check

that Sunday afternoon,

did you ask him if he had
enough money in his
account to cover it?

No.
It didn't occur to me.

You were confident that
come Monday morning,
you'd have your money?

Yes.

Because when
he had bought tickets
from you in the past,

he made sure you were
paid in full and on time.
Isn't that right?

Yes.

Thank you.

The governor has
no business coming
into New York County,

telling us how to
prosecute criminals.

That's the district
attorney's job.

That's what I was
elected to do.

The governor's
hijacked this case

from the citizens
of this county.

He made a mistake.
We're here to
let him know it.

Thank you.

Mr. Keenan!
Mr. Keenan! Mr. Keenan!

The State Constitution
compels the governor

to ensure the laws be
faithfully executed.

He removed
Mr. Schiff to ensure
the death penalty statute

be applied uniformly
throughout the state.

The laws also vest
district attorneys
with discretionary authority

to prosecute cases
as they see fit.

Are you implying
that their authority

is greater than
the governor's?

I'm saying that
Mr. Schiff's actions
were within the law

and in no way justified
the governor removing him.

Well, the governor
doesn't have to justify

or even reveal
the reasons
for his actions.

Judge Cardozo said as much
in Saranac Land and Timber.

History does not
support Mr. Tyrell.

Governor Roosevelt
said such state actions

must be predicated on
definite allegations
of local misgovernment.

Governors have
used this power
only in cases

of broad
government corruption
or police misconduct.

All Mr. Schiff did
was charge a defendant

with a lesser
count of murder.

Mr. Tyrrell,
the governor's action here
does seem unusual.

He practically begged me
to advance him the money.

But he knew that's
not how I do business.

Had he ever asked
for an advance before?

Yes. And I didn't give him
any money then either.

Thank you.

So it's your
standard practice
never to pay

for a tour
more than 60 days
in advance?

Yes.

In 1994, you booked a tour
to the Angkor Wat ruins

through Southeast Adventures.

Is that correct?Yes.

How far in advance
did you pay
for those reservations?

Four months,
but I had to.

Access to that area
was restricted.

There was
a long waiting list.

Last year you booked a cruise
up the coast of Chile.

When did you have to pay
for those reservations?

Six months.
But, again, it was
a special circumstance.

So you do make exceptions
to your business practices?

Yes.Then it wasn't
wholly unreasonable

for my client to think
you might make
another exception?

I guess not.

No more questions.

We're in trouble.

Half the jury were
nodding in agreement
with Axtell.

Really?
I think you're
over-reacting.

There's still a chance
Coburn will take life
without parole.

I think we should
make the offer.

That's not gonna happen.

Mr. Panatti,
I can read a jury.

They're not buying
the robbery argument.

Maybe it's you
they don't like,
Miss Ross.

Starting tomorrow,
I'll ask the questions.

Fine.

Mulroy v. Carey
gives the governor
unfettered discretion

to supersede
a district attorney.

His discretion is
virtually unfettered,
Your Honor.

Gaynor v. Rockefellersaid
the governor must act
within constitutional limits.

Imposing the death penalty
to satisfy political ends
hardly meets that standard.

That's just
Mr. Schiff's spin on
the governor's motives.

Regardless,
the governor's action

is beyond review
by any court.

What if I do reverse
the order, Mr. McCoy?

Wouldn't this court
just be substituting

its own judgment
for the governor's?

I submit that's precisely
what you're supposed
to do, Your Honor,

when circumstances warrant.

Your Honor,
if we go down this road,

every discretionary act
by the governor becomes
subject to judicial scrutiny.

Your Honor, if I may.

The governor's using
his office to put a man's life
in the balance.

He claims his
power is absolute,
beyond review.

That's arrogant.
It smacks of
royal authority.

I don't think
the Constitution allows it.

And I know
the justice system
can't tolerate it.

Your Honor...

Thank you, gentlemen.

You have made your positions
abundantly clear.

I'll hand down my decision
by the end of the week.

When Mr. Veitch
turned me down,

I didn't know
what to do.

I thought I could
lose everything
if that check bounced.

What did you
finally decide to do?

I had to stop Susan
from going to the bank.

I remembered my
girlfriend had a gun

and I decided to use it.
Not to kill Susan.

Just to wound her.

And you thought
of this after you left
Mr. Veitch's office?

Yes.

It was stupid.

But I was desperate.
I didn't mean
to steal from Susan.

I didn't mean
to kill anybody.

I'm sorry.

I'm very sorry.

Thank you.

No more questions.

Let me see if
I have this straight.

You gave
a $32,000 check
to Miss Beckner

when you had only $47
in your bank account?

Yes. But I thought
I'd have the money
by Monday morning.

And then you asked her
where she was
gonna be that night

just to be friendly?

Yes.

When Mr. Veitch
turned you down,

then you suddenly remembered
your girlfriend's gun?

Yes. That's what happened.

In fact, Mr. Coburn,
you had it figured out
when you walked into

Susan Beckner's office,
didn't you?No.

You always intended
to defraud her
of those tickets.

You always intended
to use force to do it.

That's not true.

You expect us to
take your word on this?

I don't know.
That's the truth.

You have to believe me.

Can you think of
a reasonable person
who would?

Didn't think so.
No more questions.

Redirect, Your Honor.

Mr. Coburn,
you were originally charged

with second-degree murder.
Isn't that right?

Objection. Relevance.

Overruled.
Go ahead, Mr. Coburn.

Yes.

But you were
later indicted
for first-degree murder.

Yes.

Do you know
why the charges
were changed?

No.

I ask Your Honor to
take judicial notice

that the charges
were changed after

District Attorney
Adam Schiff was removed
as prosecutor

by the governor and
replaced by Mr. Panatti.

So noted.

Mr. Coburn,
do you know why

District Attorney Schiff
was removed?

Objection.
The witness isn't qualified
to render an opinion.

Sustained.

I ask Your Honor
to take judicial notice

of the sworn affidavit
filed by Mr. Schiff

in his civil action
against the governor.

Objection.
There's no possible relevance.

Mr. Panatti
asked my client

if he knew of
a reasonable person
who would believe him.

Mr. Schiff is
a reasonable person.

I think his views are
admissible as rebuttal.

Overruled.
Go ahead, Mr. Axtell.

Petitioner's refusal
to indict defendant

on first-degree murder
led to his removal.

Using his
prosecutorial discretion,

petitioner concluded
there was insufficient
evidence

of intent to commit robbery
to sustain a charge
of first-degree murder.

I have nothing further.

Judge Barclay's decision.

I don't see
the bottle of champagne.

He deferred
to the governor.

The order isn't subject
to judicial review.

He wimped out.

We made waves.
Sometimes that's enough.

They're waiting for me
at the hospital.

Will the defendant
please stand?

On the first count
of the indictment,

murder in the first degree,
how do you find?

We find the defendant,
Henry Coburn, not guilty.

On the second count,
murder in the second degree,

for the death
of Todd Wexman,
how do you find?

We find
the defendant guilty.

On the third count,
murder in the second degree,

for the death of
Lorna Kaminsky,
how do you find?

We find
the defendant guilty.

Always trust the jury.

That should leave
the governor with
some nice bite marks

on the seat
of his pants.

Coburn's lucky.
He owes you his life.

It was never about Coburn.

Excuse me.

Mr. Schiff.

You did good,
both of you.

Come on.
We'll wait for him
down the hall.

This is the form.
You sign here.

We hope for the best.